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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

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Showing one post in Demand Refusal.

Chancery Follows Recent Precedent Finding Pre-Suit Correspondence to be a Litigation Demand, Dismisses Derivative Complaint for Failure to Allege Wrongful Refusal

Posted In Demand Refusal, Derivative Claims

Dahle v. Pope, C.A. No. 2019-0136-SG (Del. Ch. Jan. 31, 2020).

Incorporating the analysis set forth in Solak ex rel Ultragenyx Pharmaceutical, Inc. v. Welch, 2019 WL 5588877 (Del. Ch. Oct. 30, 2019), the Court of Chancery again dismissed a derivative complaint under Rule 23.1 after finding that the plaintiffs’ pre-suit correspondence was a litigation demand. More ›